ProgressOhio

Contact: Harriet Applegate August 18, 2008
216 881-7200

Worker Justice Denied
Labor Targets Justice O'Connor's Work-Related Rulings

(Cleveland) - Ohio Supreme Court Justice Maureen O'Connor was accused today by Harriet Applegate, Executive Secretary of the North Shore AFL-CIO, of being harmful to workers in the State of Ohio.

The accusation centers on two recent opinions by Justice O'Connor.

In the first case, (Greer-Burger v. Temesi) Tammy Greer-Burger filed a harassment suit against her employer, who in turn filed a countersuit seeking compensatory and punitive damages. In response, the Ohio Civil Rights Commission, the Court of Common Pleas and the Court of Appeals ruled the employer was retaliating. However, writing for the majority of the Ohio Supreme Court, Justice Maureen O'Connor overturned the decision saying an employer could file a suit, unless "it is objectively baseless."

"Even some of Justice O'Connor's fellow Republicans had problems with this," noted Applegate.
"Justice Lanziger, in her dissent, said Ohio law protects an employee from retaliation by an employer and that such a rule is overly generous to the employers, while placing employees at risk for enforcing their rights."

In another opinion, (Shelley Bickers v Western Southern Life) Justice O'Connor sided with employers in a decision that gave them the right to fire workers injured on the job and unable to work through no fault of their own.

"The ruling has fundamentally changed the rights of those receiving workers compensation in Ohio," said Applegate. Based upon these types of opinions, the AFL-CIO strongly opposes the re-election of Justice O'Connor.

The AFL-CIO has endorsed Judge Joseph Russo, her opponent. Judge Russo is currently serving his eighth year on the Cuyahoga Court of Common Pleas. Applegate stated, "Judge Russo has proven that he is a strong advocate of fairness and impartiality." Russo has handled over 7,000 civil and criminal cases and also serves an Adjunct Professor of Law at Case Western Reserve University.

"These cases are just the tip of the iceberg. The Ohio Supreme Court has issued a number of legal decisions which have had a negative impact on the rights and well-being of Ohio's workers and that has to change," said Applegate.